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HTML“They’re Here” - What You Need to Know Now About the Chilling New DoD Counterfeit Parts Rule ... and its NASA “Spinoff”
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 20, 2014
If you are a contractor that interacts with both the Department of Defense and “electronic parts,” it is time to grab the caffeinated beverage of your choice, crack open 79 FR 26,092, and begin the bone-tingling read that is sure to keep many supply chain managers up at night....

 

HTMLOnce More Unto the Breach: the FCC Calls for Comments on Revamping Net Neutrality Regulations
Douglas A. "Drew" Svor, Brian D. Weimer, Paul A. Werner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 16, 2014
Following the D.C. Circuit’s decision in Verizon v. FCC, which struck down several key elements of the Federal Communication Commission’s 2010 Open Internet Order, the Commission yesterday released a Notice of Proposed Rulemaking (NPRM) that initiated a renewed effort to foster and...

 

HTMLThe Eleventh Circuit Interprets Prior Express Consent Under The TCPA
Mercedes A. Cook, Shannon Z. Petersen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 21, 2014
In Osorio v. State Farm Bank, F.S.B., No. 13-10951, 2014 U.S. App. LEXIS 5709 (11th Cir. Mar. 28, 2014), the U.S. Court of Appeals for the Eleventh Circuit has provided some guidance on the parameters of “prior express consent” under the Telephone Consumer Protection Act...

 

HTMLFirst Circuit Affirms District Court’s Exclusion of Event Study as Unreliable Under Daubert
John M. Landry, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 22, 2014
In Bricklayers & Trowel Trades Int’l Pension Fund v. Credit Suisse Sec. (USA) LLC , No. 12-1750, 2014 U.S. App. LEXIS 8994 (1st Cir. May 14, 2014), the United States Court of Appeals for the First Circuit affirmed a district court’s exclusion of an event study as unreliable under...

 

HTMLSome Interesting Numbers Regarding Merger Review: The Hart-Scott-Rodino Annual Report for Fiscal Year 2013
Robert L. Magielnicki; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 22, 2014
The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”) requires that proposed acquisitions of voting securities, assets or non-corporate interests meeting certain criteria be reported to the Federal Trade Commission (the “FTC”) and the Antitrust Division of...

 

HTMLHow Are Your Physicians Compensated? Stark Law + False Claims Act = Halifax Paying $85 Million
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 21, 2014
On March 10, 2014, just days before trial, Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) entered into an $85 million settlement with the U.S. Department of Justice resolving allegations that they violated the False Claims Act (“FCA”) by...

 

HTMLNew Decision Clarifies Summary Judgment Standards for Off-the-Clock Claims
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 21, 2014
On May 20, 2014, the First District Court of Appeal in Jong v. Kaiser Foundation Hospitals, issued a decision affirming the summary judgment granted as to one of the individual class representatives in a putative class action for overtime pay resulting from off-the-clock work. As explained below,...

 

HTML“Get Outta Here!”: The Court Of Appeals Finds that New York Judges May Sua Sponte Dismiss Cases on Forum Non Conveniens Grounds in Limited Circumstances
Brian B. Garrett; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 13, 2014
In Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros. Co., 2014 N.Y. Slip Op. 02381, the New York Court of Appeals ruled that a court may sua sponte decide the issue of forum non conveniens so long as it allows the parties to brief and argue the matter. The Court of Appeals further found that...

 

HTMLPotential Risks of Healthcare Joint Ventures Between Insurance Companies and Hospitals
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 21, 2014
Healthcare joint ventures are nothing new. Since the mid-2000’s, physician-hospital ventures have been resurgent, notwithstanding the Office of Inspector General’s skepticism regarding the risk of fraud and abuse when investors are sources of referrals and the filing of numerous...

 

HTMLDoes A Consumer’s Exercise of a Rescission Right Mean that the Loan Is Automatically Rescinded? Perhaps Not, According to One Federal Court, If the Consumer Does Not Also File a Lawsuit for Rescission
Sherwin F. Root, David H. Sands, Shoshana A. Zimmerman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 20, 2014
In Baker v. Bank of America, N.A., No. 5:13-CV-92-F, 2014 U.S. Dist. LEXIS 9578 (E.D.N.C. Jan. 27, 2014), the United States District Court for the Eastern District of North Carolina held that even if a consumer timely exercises his or her right to rescind a loan transaction under the Truth in...

 


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